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(영문) 춘천지방법원 영월지원 2015.11.27 2015고단375
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant: (a) was an employee of the E Union in Gangnam-gu, Gangwon-gu; (b) requested F to regularly deposit KRW 73 million in the name of the E Union in the name of the foreign grandchildren G; and (c) prepared a new transaction application; and (d) had the intent to embezzled KRW 73 million by amending the said new transaction application.

1. Around June 20, 2013, the Defendant altered private documents: (a) sealed the rubber seal stating the “cancellation” on the right upper part of the application form for new transaction prepared in the name of G at the counter for the deposit withdrawal of E Union deposits in Gangwon-gun, Suwon-gun; and (b) stated “cancellation by mistake” at the right upper part of the “cancellation” at the immediately lower part of the “cancellation.”

Accordingly, for the purpose of uttering, the Defendant altered the application form for new transaction in G name, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, issued an altered application for new transaction to H, who is aware of such alteration, as seen above, as if it were a document duly formed, and exercised it by obtaining approval.

3. While the Defendant, at the time and place specified in paragraph (1), received KRW 73 million from F as a regular deposit for the victim E association, he/she was in the occupational custody of the victim E association. After cancelling the F’s regular deposit transaction with the approval of H, he/she voluntarily stored 50 million out of the above KRW 73 million in the Defendant’s office book and used it for personal purposes, such as living expenses, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. Application of the statutes governing applications for new transactions;

1. Relevant Articles 356, 355(1), 231, and 234 of the Criminal Act concerning criminal facts;

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